Mont. Code Ann. » TITLE 42. ADOPTION · CHAPTER 5. LEGAL PROCEEDINGS · Part 1. Dispositional Hearing and Adoption Decree
Montana Code Annotated

Mont. Code Ann. § 42-5-101 (2026)

Petition For Adoption

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 42
  3. CHAPTER 5
  4. Part 1
  5. 42-5-101 Petition for adoption

TITLE 42. ADOPTION

CHAPTER 5. LEGAL PROCEEDINGS

Part 1. Dispositional Hearing and Adoption Decree

Petition For Adoption

42-5-101. Petition for adoption. (1) A petition for adoption must be verified and must specify:

(a) the full names, ages, and place and duration of residence of the petitioners;

(b) the current marital status of petitioners and, if married, the place and date of the marriage;

(c) the circumstances under which the petitioners obtained physical custody of the child and the name of the individual or agency that placed the child;

(d) the date and place of birth of the child, if known;

(e) the name used for the child in the proceeding and, if a change in name is desired, the full name by which the child is to be known;

(f) that it is the desire of the petitioners that the relationship of parent and child be established between the petitioners and the child and to have all the rights and be subject to all the duties of that relationship;

(g) a full description and statement of value of all property owned or possessed by the child;

(h) the facts, if any, that excuse consent on the part of a person whose consent is required for the adoption;

(i) that any applicable law governing interstate or intercountry placement was complied with;

(j) that, if applicable, the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, were complied with;

(k) whether a previous petition has been filed by the petitioners to adopt the child at issue or any other child in any court and the disposition of the petitions; and

(l) the name and address, if known, of any person who is entitled to receive notice of the petition for adoption.

(2) There must be attached to or accompanying the petition:

(a) any written consent required by 42-2-301;

(b) a certified copy of any court order terminating the rights of the child's parents;

(c) a certified copy of any existing court order in any pending proceeding concerning custody of or visitation with the child;

(d) a copy of any agreement with a public agency to provide a subsidy for the benefit of the child with a special need;

(e) the postplacement evaluation prepared pursuant to 42-4-113 or 42-4-209;

(f) a disclosure of any disbursements made in connection with the adoption proceeding.

(3) One copy of the petition must be retained by the court. A copy must be sent to:

(a) the department or to the agency participating in the adoption proceeding;

(b) the parent placing the child for adoption in a direct parental placement adoption; or

(c) the child's guardian ad litem if the child has one.

(4) Proceedings initiated under this part are subject to the Montana Rules of Civil Procedure except as modified by this part.

History: En. Sec. 126, Ch. 480, L. 1997; amd. Sec. 17, Ch. 257, L. 1999; amd. Sec. 24, Ch. 311, L. 2001; amd. Sec. 47, Ch. 716, L. 2023.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2025 · leading case: In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009).
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In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009). · cites it 8× “¶ 54 In addition, § 42-5-101, MCA, provides: (2) There must be attached to or accompanying the petition [for adoption]: (a) any written consent required by 42-2-301; (b) a certified copy of any court order terminating the rights of the child's parents .”
In the Matter of the Adoption of C.C.L.B., 2001 MT 66 (Mont. 2001). · cites it 5× “Section 42-5-101(3), MCA. This having been said, while DPHHS had no statutory obligation to notify the Whites that the Greens had filed their adoption petition, doing so would have probably saved the Whites, the Greens, the courts and DPHHS, itself, a great deal of time and…”
A.M.S. v. W.S., 2016 MT 22 (Mont. 2016). · cites it 2× “If the petitions are joined, both the required contents for a termination of parental rights petition under § 42-2-604, MCA, and the required contents for an adoption petition under § 42-5-101, MCA, must be included. Furthermore, a petition for adoption and a petition for…”
In Re the Adoption of X.K.D., 2025 MT 214N (Mont. 2025). · cites it 10× “Sections 42-5-101(1)(l), -103(1), MCA. The statute requires the petition provide the circumstances under which the petitioner obtained physical custody of the child.”
Jardine v. Schwartz, 2016 MT 22 (Mont. 2016). · cites it 2× “If the petitions are joined, both the required contents for a termination of parental rights petition under § 42-2-604, MCA, and the required contents for an adoption petition under § 42-5-101, MCA, must be included. Furthermore, a petition for adoption and a petition for…”
— Mont. Code Ann. § 42-5-101(1)(c) — 1 case
In Re the Adoption of X.K.D., 2025 MT 214N (Mont. 2025). “Sections 42-5-101(1)(l), -103(1), MCA. The statute requires the petition provide the circumstances under which the petitioner obtained physical custody of the child.”
— Mont. Code Ann. § 42-5-101(1)(j) — 1 case
In Re the Adoption of X.K.D., 2025 MT 214N (Mont. 2025). “Sections 42-5-101(1)(l), -103(1), MCA. The statute requires the petition provide the circumstances under which the petitioner obtained physical custody of the child.”
— Mont. Code Ann. § 42-5-101(1)(l) — 1 case
In Re the Adoption of X.K.D., 2025 MT 214N (Mont. 2025). “Sections 42-5-101(1)(l), -103(1), MCA. The statute requires the petition provide the circumstances under which the petitioner obtained physical custody of the child.”
— Mont. Code Ann. § 42-5-101(2)(b) — 1 case
In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009). “¶ 54 In addition, § 42-5-101, MCA, provides: (2) There must be attached to or accompanying the petition [for adoption]: (a) any written consent required by 42-2-301; (b) a certified copy of any court order terminating the rights of the child's parents .”
— Mont. Code Ann. § 42-5-101(3) — 1 case
In the Matter of the Adoption of C.C.L.B., 2001 MT 66 (Mont. 2001). “Section 42-5-101(3), MCA. This having been said, while DPHHS had no statutory obligation to notify the Whites that the Greens had filed their adoption petition, doing so would have probably saved the Whites, the Greens, the courts and DPHHS, itself, a great deal of time and…”
— Mont. Code Ann. § 42-5-101(l)(k) — 1 case
In the Matter of the Adoption of C.C.L.B., 2001 MT 66 (Mont. 2001). “Section 42-5-101(3), MCA. This having been said, while DPHHS had no statutory obligation to notify the Whites that the Greens had filed their adoption petition, doing so would have probably saved the Whites, the Greens, the courts and DPHHS, itself, a great deal of time and…”
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